Mar 4, 2020

The Strictly Limited Scope of Inter Partes Review

Patent Law

Last month, the United States Court of Appeals for the Federal Circuit (CAFC) issued an opinion in the case of Samsung Electronics America, Inc. v Prisua Engineering Corp., case number 2019-1169, again holding that the authority of the Patent Trial and Appeal Board (Board) to institute an inter partes review (IPR) is statutorily limited only to grounds of anticipation and obviousness, under 35 U.S.C. §§ 102 and 103; though further clarifying that the Board also may not expand the scope of a properly instituted IPR to address other patentability requirements beyond the statutorily authorized grounds. The Leahy-Smith America Invents Act… Read more